A hit-and-run accident is one of the most unsettling experiences that can happen on Atlanta’s roads and highways. You’re left dealing with the shock—and potential injuries—of a crash, only to find that the driver responsible for the accident has sped away. This can lead to a range of emotions and fears, especially if your own insurance won’t cover the crash.
The steps you take following a hit and run accident are important. By acting quickly, you might be able to help law enforcement identify the other driver and hold them accountable.
Steps to Take After a Hit and Run Accident
The steps you take—and those you avoid—after an accident with a hit-and-run driver can have a significant impact on your personal injury case and your health.
Contact Law Enforcement
Your first call should be to the police. Not only are you required by law to report accidents involving bodily injuries or property damage, but alerting the police right away gives you the best chance of catching the fleeing driver.
Often, the police are able to track down the vehicle before it leaves the area. If there are responding officers nearby, they might be able to locate the other driver using the information you provide. A license plate number and description of the vehicle are the most important details to remember.
Avoid Chasing the Other Driver
It is natural to want to hold the other driver accountable, but chasing them after an accident is dangerous. Not only could this lead to a second collision with another driver, but there is also the potential that the fleeing motorist could be dangerous or aggressive. Leave this to the police.
Notify Your Insurance Carrier
If you were struck by a hit-and-run driver, you should notify your carrier right away. Your policy likely requires you to inform your insurance company of an accident, even if you do not plan on filing a claim.
Assess Your Injuries
Your top priority following a motor vehicle accident should always be your health. If you are injured in a crash, seek medical treatment right away. This includes calling 911 and seeking emergency care at the accident site if your injuries are severe.
It is a good idea to see a doctor even if you feel your injuries are minor. You might not experience much pain in the immediate aftermath of the accident, but that can change in the days that follow. Seeing to your injuries immediately gives you the best chance at a full recovery.
Speak to an Attorney
It is never a good idea to move forward with these cases on your own. With the support of legal counsel, you could investigate the identity of the driver who struck you and potentially hold them accountable through legal action.
How Common are Hit and Run Accidents?
Unfortunately, drivers leave the scene of a motor vehicle accident all the time. These accidents involve any motor vehicle collision where at least one person flees the scene before providing information or aid to the other driver.
According to the AAA Foundation for Traffic Safety, the number of hit and run accidents each year continues to grow. Nationwide, the number of traffic fatalities was 1,772 in 2006. Ten years later, that figure increased to 2,049.
The same phenomenon occurred in Georgia. There were a total of 72 fatal hit and run accidents in 2016, which was nearly double the 42 that occurred in 2006. It is also worth noting that most hit and run accidents are not fatal, meaning the total number of collisions where a driver fled the scene is much higher.
Possible Avenues for Compensation
Suffering an injury in a crash only to have the other driver leave the scene can feel hopeless. If you don’t know the identity of who struck your vehicle, how can you possibly hold them accountable? The good news is that many people are ultimately able to secure compensation following a hit-and-run accident in Atlanta.
File a Personal Injury Lawsuit
The reality of hit-and-run accidents is that identifying the other driver in the crash is often possible. In some cases, they return to the scene after realizing they were in an accident. In others, nearby police officers might track them down using a license plate number or the visible damage to their vehicle. Your attorney might even be able to ultimately identify them by reviewing evidence like dashboard camera videos to find a license plate number.
If you are able to determine who was at fault for the crash, you have the opportunity to pursue a personal injury lawsuit like with any other case. To recover compensation, your personal injury lawyer will need to develop evidence of negligence.
Rely On your Insurance Coverage
If you are ultimately never able to identify the other driver, you might still have a path to securing compensation for your injuries. This will require you to have adequate insurance coverage at the time of the crash.
There are different types of policies that might pay for your losses after a hit-and-run accident. If you have full coverage insurance, your policy may cover your damages in a crash regardless of who is at fault. These policies are very different than the liability-only coverage that the state requires all drivers to carry.
You might also be in luck if you have uninsured motorist—or UIM—coverage. These policies are designed to pay for accidents with drivers who lack liability insurance, and that includes hit-and-run collisions. However, these policies are voluntary, meaning not everyone opts in for this coverage.
The key issue is the type of policy you have and the language of your insurance agreement. A car accident attorney can help you evaluate the extent of your coverage to determine if you have the right to file a claim.
What Damages are Available?
The types of damages in a hit-and-run car accident case can vary based on the extent and nature of your injuries. You have the right to be returned to the financial position you were in prior to the accident. You also have the ability to seek compensation for the physical and emotional toll the crash had on you. Some of the types of damages you might be able to recover include the following:
· Lost Wages. Car accident injuries can dramatically impact your ability to earn a living. For some, missing work is a matter of days or weeks. For others, their earning potential is altered for the rest of their lives. You can seek compensation based on recouping these lost wages.
· Medical Bills. The cost of medical care is a top concern for most people injured in hit-and-run accidents. You could be entitled to recoup costs related to treatments like surgeries, hospitalization, or physical therapy.
· Diminished Future Earnings. If you end up with a permanent disability that allows you to work but limits the type of jobs you can do, you may have a case for damages based on your diminished future earnings.
· Pain and Suffering. Physical and emotional pain often go hand-in-hand with a car accident. Dealing with this pain can take time, but it can also serve as the basis for a monetary award.
· Property Damage. In addition to the bodily injuries suffered in the crash, you may have a case for compensation based on your property losses as well. This usually involves the cost to repair or replace a damaged vehicle.
Hit and Run Laws in Georgia
There are serious consequences that follow hit-and-run drivers in Georgia. State prosecutors take this offense seriously, and the criminal penalties can be significant. A conviction could bring fines, incarceration, and the loss of driving privileges.
In Georgia, leaving the scene of an accident with another driver is a misdemeanor by default. However, there are a number of situations that can increase the penalties for a felony. This includes multiple past offenses or leaving the scene of an accident involving an injury.
These laws can also have an impact on your personal injury case. In order to show another driver is responsible for your accident, you must establish that they were negligent. Drivers who flee after a collision often do so because they are at fault. Your attorney could use the evidence of fleeing to strengthen your case for compensation.
Why do Drivers Flee the Scene After a Collision?
There are many different reasons why a driver might leave the scene of an accident instead of waiting for police to arrive. Each case is unique, but understanding their reasoning might be useful when pursuing a case for negligence.
Fear of Arrest
One of the most common reasons for drivers to refuse to stick around for the police to arrive after an accident is due to fear of arrest. Different circumstances could put them at risk of being taken into custody. For example, some drivers might fear charges related to driving under the influence of drugs or alcohol. Others may have warrants for other incidents, or they could fear being taken into custody by ICE agents because of their immigration status.
Lack of Insurance
Many drivers leave the scene of an accident because they do not want to be personally liable for the damage they have caused. This happens when the driver lacks liability insurance or when they are afraid the coverage they have will not be enough to pay for your damages.
Panic
There times when a person is so surprised by the accident they are involved in that they instinctually flee from the situation. This is especially common with young drivers who have not been involved in an accident before.
Unlicensed Drivers
Driving without a license is a crime, but it is also a common occurrence in Georgia. In order to avoid not only a possible fine but also civil liability for the crash they caused, some drivers will instead flee the scene of the crash.
There is a Time Limit to Act
Like all states, Georgia has adopted a legal deadline known as the statute of limitations. This deadline traces its roots to English common law, and is intended to protect defendants from facing claims from events that happened many years prior. Courts also prefer these deadlines as they prevent sudden backlogs of old cases from forming without warning.
In Georgia, the statute of limitations is the same whether your accident involved a hit-and-run driver or not. You have the chance to file your lawsuit within two years of the date of the crash. If you wait until the deadline expires, the other side could move to dismiss your claim forever.
There are some exceptions that apply to the statute of limitations, but it is best to never assume they apply in your case. The best path forward involves speaking with a lawyer to understand how much time you have to act.
Unfortunately, the two-year window will continue to close even if you are unsure of the other driver’s identity. What’s more, insurance companies will not be obligated to negotiate with you if you wait until after the deadline expires to file your case. Our attorneys can ensure that you comply with this critical deadline and file suit with time to spare. If a lawsuit is not an option, we will ensure your insurance claim is resolved before the time limit expires.
Talk to an Attorney About Your Hit and Run Accident in Atlanta
No one should have to face the pain and frustration of a hit and run accident alone. With the right support, you could secure a monetary award from the other driver or through a successful insurance claim, the team at Mabra Law is here to help. Reach out today to discuss your options.